Commander Bob

The way I read 'stilltrying's posts here, He has not filed a "Notice of Disagreement" yet. And the right to appeal clock, started ticking sometime in November of last year... There may be only days left to appeal. If that is the case then, JMHO, grab a piece of paper and write a note to the VA that sent you the denial letter,to include your VA claim number, and simply state that you disagree with their decision of November, --, 2009. If possible you could go to your VA regional office and ask them to time stamp the thing. You can sort it out later and find a rep. ~~ P.S. Sorry wings, carlie and stilltrying, for my bend in this thread earlier. I just found it notable stilltrying mentioned that the VA added more disability claims on to the original ...

Have you filed your NOD yet? Do you have only a few days left to file? If so, that has top priority.

JMHO.. All things considered, 18 items, and with the limited info you have posted... I would suggest you consider a veteran's attorney. JMHO

Thank you carlie, I didn't know "If a request for a DRO hearing is of record and it does not happen - and then you file a I-9 (Form 9) to get out from under the RO jurisdiction and under BVA jurisdiction - That's such valuable information, and direction. Thanks again. Though I only have 33 miles of bad roads to get to the VA. Recently, I can't seem to get ten feet from a VA building without trigging my PTSD. Regarding my concern over the time-line. I sometimes think of it as stressed induced procrastination. However, I thought I would file the "Form 9" phase around the two year NOD anniversary, so as to give the VARO a reasonable period of time to correct and resolve my NOD. Thus the reasoning about the time frame of Feb.18,2011. Again, thanks for the direction, carlie, and thanks 'stilltrying', I don't want to get too far off your topic, however, I hope my experience, helps you with yours. ***also, I am resigned to the possibility of hell freezing over, before I find resolution. DIC issues, as well. CB

Hi carlie, I filed the claim July 4, 2008.My appeal was February 18th, 2009. Again, as broncovet mentioned, It can get so frustrating and so complex, I am confused as to how it's going to be handled, at the regional level. At this point, I don't know if my vet rep requested a DRO De Novo Review or a DRO Hearing. However, at that time, I requested a DRO hearing. If I don't hear from the VARO by February 18, 2011, then I will proceed through the BVA to COVA. Well, that's the plan so far. Just thinking about dealing with the VA, triggers my PTSD. (which they claim, I don't have) LOL. As you know, when I was 18 years old, I tried to run through a minefield, under fire and survived until the 4th explosion. I stated that my VASRD # was a clear and a unmistakable misdiagnoses due to the early date,1968, of the onset. Thanks carlie. And again good luck 'stilltrying'. Thanks for your topic thread.

Sorry to hear about the denial letter. As you may know, and for those who don't, you have one year to file a NOD. I also understand and find it notable, that the VA will add on more claims to the original claim... It happened to me, also. The VA added unnecessary rabbit trails to my main claim, and then denied them. What a mess. As broncovet mentioned, It can get so frustrating and so complex. And I also agree with Notorious Kelly,... "If you can focus on your foot claim"... However, When I filed my NOD, I included the items created by the VA, as well. I knew it would add more time. however, since they created a "claim creation date", JMHO, I would suggest you include all items within that one year window. You and I have, what John999 calls,... "dog claims." Well, since that that die has already been cast, If you don't include any of the 18 VA claims in your NOD, then their gone in 12 months... Who knows what the future will bring. I plan to use one of my absurd VA added claims as a bargaining chip at my finial appeal, if need be... Also, I would again quote John999, ... Get a lawyer. Interesting to read about another Vet's claim that got inflated, "frustrating and complex" by the VA adding on. I wounder if it helps the VA raters increase the number of claims cleared and inflate their quotas, as well as any bonuses they may receive??? Odd, indeed. When I do file my "writ of mandamus" 24 months after the DRO appeal request date. I will include the following at the end of my response letter.. ""I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR."" Then I plan to dig in, get an attorney, and win. Maybe that will bring me peace in my VA matter. Best wishes in your appeal. Good Luck, you are not alone. Bob

Did you experience a PTSD stressor while in the service? Hang in there 'oldman273', you are not alone.

"Service members, veterans, and beneficiaries of service members who were involuntarily extended under stop loss between 9/11 and September 30th 2009 are eligible. " "Those Eligible Must Submit a Claim By Dec. 3, 2010 The 2009 War Supplemental Appropriations Act established Retroactive Stop Loss Special Pay (RSLSP), providing $500 for each month/partial month served in stop loss status. Service members, veterans, and beneficiaries of servicemembers whose service was involuntarily extended under Stop Loss between Sept. 11, 2001 and Sept. 30, 2009 are eligible for RSLSP. To receive this benefit, those who served under stop loss must submit a claim for the special pay. Throughout the year, the services have been reaching out to servicemembers, veterans and their families through direct mail, veteran service organizations, and the media. But there is still money left to be claimed, and the deadline is approaching. The average benefit is $3,700." Here is a link to more info. http://www.defense.gov/home/features/2010/0710_stoploss/ ...

I see here where your math question has been well answered. Many vets will be helped by the VA fuzzy math issue you raised. I hope you are having a Good Veterans Day in Sunny Puerto Rico, today. It was a three dog night in some areas up here. Best wishes, Cmdr Bob

Thank you for all your help and support Berta. You are the best. I'll be thinking of you on this Veterans Day. Bob

You heart is in the right place, carlie. Yours was a wounderful story of vets helping vets. My objection is to mercenary endeavors.

Thanks fanaticbooks,and all, for your hard work.

My most positive thoughts are with you, 'sammy104', and your husband, as you go through this ordeal. He is a fortunate vet to have a loving spouse such as you. Thank you. A fellow Vet...

yes, form 21-4138 asap. jmho

Welcome back to the world, 'rwasson49' I mean that as a fellow RVN I corp vet,and as an old light weapons infantryman. Also as a Stage 3 cancer survivor. My cancer treatments started in February 2008. I had chemo, radiation, and surgery. My type of cancer started in the pharyngeal space in my neck then spread to a lymph node and then to my right tonsil. So I also welcome you back to the world of the living, and AO cancer survivors. I too drank my share of Agent Orange Kool-Aid. So, you lost 78lbs. Wow!!!, that's one heck of a diet. I went down to 138lbs., and I'm 6'3''. I looked like a POW. I would guess you look about the same right about now. Good Luck. Two and a half years later, I feel great! I'm back up to my sporting weight. It feels like I beat this thing. However, I have all kinds of side effects from the treatments, but even those seem to be improving, perhaps through adapting to a post cancer treatment life, as well. I don't know??? What kind of side effects are you experiencing? How are you feeling? have you gained any weight? Again, what are some of the side effects are you experiencing. You have earned the entitlements and all the service connected compensation, CRSC stipend this ungrateful Bureaucracy is mandated to pay. When dealing with the VA, you may feel the cold shoulder of this ungrateful part of our Great Country. It seems to be a fact of life. Does your spouse qualify for DIC? If so, You know, just like me ,we got to keep breathing. No pulling the plug or checking out early. As you know, this is no time for giver-uppers. Good Luck. Hang in there brother, The sun will rise tomorrow, and we will still be here to greet it... Cmdr Bob

Roger that.

Congrats & Good luck fishing...

I don't wish to cast stones here, however, as a non professional, and as a veterans advocate for over four decades, taking money for helping a vet just doesn't sit right with me.

Hi John, Out and about. Since I got the last clean medical test reports, I have been traveling a lot. From South Fla., California, and points in between. Right now I'm back home, just waiting for my passport renewal. Beating cancer has a way of resetting the clock. I am thinking about getting a laptop so I can stay in touch. I think of you and all my other friends here at Hadit often, and wish you all well with your lives, your health and your VA claims. Other than that, I'm waiting for a resolution to my VA claim. I think I'll wait till February. that will be my two year anniversary of waiting for my DRO review, then I will turn the whole mess over to an attorney. Way too much torment when thinking about my VA experience.

For me, it's been 20 months and counting, for DRO review. Good luck with yours.

In the past, I noticed a disconnect between MDs, PTSD, and DDS. All too often, the VAMC dentists were quick to blame the vet for poor personal dental habits. VAMC dentists were totally ignorant about PTSD vets with dental problems. I hope things have changed.

More info regarding teeth & PTSD http://www.sdm.buffalo.edu/news/20010308_ptsd.html

Congratulations. The cost of the cure can be heavy. I am glad you made it through. I did.

Have you received a response from your NOD yet? You should point out that the second examination was NOT CONSIDERED in your claim for compensation for loss of use. I would use a 21-4138